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  • Author or Editor: Matthias Vanhullebusch x
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Abstract

Traditionally, the territorial regimes of the Islamic Law of War distinguish between armed conflicts which take place within the Islamic territory and those which are waged against non-Muslim enemies. The regimes have respectively been legalized into the abode of Islam, i.e. the dar al-Islam, and the abode of war, i.e. the dar al-harb. Yet, the bifurcation of the world order into different spheres was a legal fiction which did not have any textual support in the primary sources of Islam, i.e. the Quran and the Sunnah. From the eighth century onwards, they would serve as a legitimation to consolidate their territorial conquests and to manage internal affairs accordingly. The construction of these regimes has ever since perpetuated in the analysis of contemporary conflicts thus reinforcing the existence of these fictions which have started to live their own realities. Nonetheless, the Quranic provisions do provide wisdom in transcending some of the divisions which mankind – Muslim and non-Muslim alike – have imposed upon themselves. In this regard, their common belonging to God’s creation is a departure from the current legal discourse – in pursuit of the command to do good and to forbid evil, namely to respect humanity in its diversity.

In: International Law and Islam

Abstract

This human rights report presents a collection of cases where human rights conditions have worsened and improved according to international commentators. It covers three different topics where both domestic and international human rights advocacy is at play when denouncing and advancing human rights protection on an individual and collective basis. It concerns, firstly, cases of accountability for human rights violations and even the commission of international crimes in Myanmar and the Philippines; secondly, matters of (non-)discrimination, collectively, in the struggle for self-determination of the peoples of Jammu and Kashmir in the Indian and Pakistani administered part, on the one hand, and individually, regarding the respect for equality on the basis of sexual orientation in India, Japan, Mainland China and Taiwan; thirdly, the respect for different civil and political liberties including of expression in Singapore and Japan as well as of the right to vote in Cambodia.

In: The Asian Yearbook of Human Rights and Humanitarian Law
In: Human Rights and Good Governance

Abstract

This human rights report presents a collection of cases where human rights conditions have worsened and improved according to international commentators. It covers three different topics where both domestic and international human rights advocacy is at play when denouncing and advancing human rights protection on an individual and collective basis. It concerns, firstly, cases of accountability for human rights violations and even the commission of international crimes in Myanmar and the Philippines; secondly, matters of (non-)discrimination, collectively, in the struggle for self-determination of the peoples of Jammu and Kashmir in the Indian and Pakistani administered part, on the one hand, and individually, regarding the respect for equality on the basis of sexual orientation in India, Japan, Mainland China and Taiwan; thirdly, the respect for different civil and political liberties including of expression in Singapore and Japan as well as of the right to vote in Cambodia.

In: The Asian Yearbook of Human Rights and Humanitarian Law
In: Finance, Rule of Law and Development in Asia
In: East Asia’s Renewed Respect for the Rule of Law in the 21st Century
In: Regional Cooperation and Free Trade Agreements in Asia

Abstract

The war on terror has more than ever divided nation-states regarding the means and methods to address the causes and manifestations of (inter)national terrorism. Depending on its legal classification, different international and regional legal regimes govern those counter-terrorism efforts, including international humanitarian law, international human rights law, international criminal law and international refugee law. By shedding light on the changing discourses to fight the war on terror on behalf of national governments as well as international courts, new international legal responses and strategies of engagement are needed in the face of those new realities on the ground. This report covers, firstly, India’s development argument in the fight against terrorism that borrows from China’s approach in Xinjiang Autonomous Region, secondly, the accountability gap before the International Criminal Court and the UK administrative authorities for conduct carried out in the war on terror respectively in Afghanistan and Iraq, and, lastly, the Turkish use of refugees and safe zones in its counter-terrorism campaign against Kurdish forces in Northern Syria.

In: The Asian Yearbook of Human Rights and Humanitarian Law

Abstract

The war on terror has more than ever divided nation-states regarding the means and methods to address the causes and manifestations of (inter)national terrorism. Depending on its legal classification, different international and regional legal regimes govern those counter-terrorism efforts, including international humanitarian law, international human rights law, international criminal law and international refugee law. By shedding light on the changing discourses to fight the war on terror on behalf of national governments as well as international courts, new international legal responses and strategies of engagement are needed in the face of those new realities on the ground. This report covers, firstly, India’s development argument in the fight against terrorism that borrows from China’s approach in Xinjiang Autonomous Region, secondly, the accountability gap before the International Criminal Court and the UK administrative authorities for conduct carried out in the war on terror respectively in Afghanistan and Iraq, and, lastly, the Turkish use of refugees and safe zones in its counter-terrorism campaign against Kurdish forces in Northern Syria.

In: The Asian Yearbook of Human Rights and Humanitarian Law